Habeeb Rahiman P.M vs The State Environment Impact ...
2021 Latest Caselaw 13148 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 23RD DAY OF JUNE 2021/2ND ASHADHA, 1943
                 WP(C) NO. 10301 OF 2021


PETITIONERS:

         HABEEB RAHIMAN P.M.,S/O.MUHAMMED,
         AGED 41 YEARS, PUTHOOR MADATHIL HOUSE,
         MUKKAM P.O., THAZHAKODE VILLAGE,
         KOZHIKODE THALUK, KOZHIKODE DISTRICT-673 602.

         BY ADVS.
         LIJIN THAMBAN
         SRI.G.S.KRISHNAN KARTHA
RESPONDENTS:

    1    THE STATE ENVIRONMENT IMPACT ASSESSMENT
         AUTHORITY (SEIAA), KERALA,
         REPRESENTED BY ITS SECRETARY,
         K.S.R.T.C. BUS TERMINAL COMPLEX,
         4TH FLOOR, THAMPANOOR,
         THIRUVANANTHAURAM-695 001.

    2    THE DIRECTOR, MINING AND GEOLOGY,
         DIRECTORATE OF MINING AND GEOLOGY,
         KESAVADASAPURAM, PATTOM P.O.,
         THIRUVANANTHAPURAM-695 004.

    3    THE GEOLOGIST, DISTRICT OFFICE,
         MINING AND GEOLOGY DEPARTMENT,
         CIVIL STATION P.O., KOZHIKODE-673 020.

         R1 BY SRI.M.P.SREEKRISHNAN, SC
         R2-R3 BY GOVERNMENT PLEADER SRI.MANU RAJ

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.10301/2021
                                   :2 :




                          JUDGMENT

~~~~~~~~~

Dated this the 23rd day of June, 2021

The petitioner seeks to direct the 1 st respondent to

revalidate Ext.P4 Environmental Clearance given to the

petitioner considering the life of the Mine Lease.

2. The petitioner was granted Environmental

Clearance (EC) for his quarrying project in Survey No.78/2A in

Kumaranallur Village in Kozhikode District. The eco-friendly

mining lease obtained by the petitioner on 24.01.2015 was for

a period of 12 years. As the quarrying lease was executed on

24.01.2015, it would expire only on 23.01.2027, contends the

petitioner. However, the EC granted to the petitioner was

limited to a period of five years.

3. The petitioner would submit that this Court has held

in the judgment in Mathew Abraham T. v. State Level

Environment Impact Assessment Authority and others WP(C) No.10301/2021

[2020 (6) KHC 596] that the EC cannot be limited to a shorter

duration than for the project life. The petitioner seeks the

benefit of the said judgment.

4. Heard the learned counsel for the petitioner, the

learned Standing Counsel for the 1 st respondent and the

learned Government Pleader representing respondents 2

and 3.

5. In the judgment in Mathew Abraham T. (supra),

this Court has held that if it is found that EC to be granted for

a mining project, the same shall be granted for the life of

project as estimated by Expert Appraisal Committee

concerned. Following the said judgment in Mathew

Abraham T. (supra), this Court has granted relief in W.P.(C)

No.3908/2021. The petitioner's case is identical to W.P.(C)

No.3908/2021 and hence the petitioner is also entitled to

identical relief.

6. Taking note of the aforesaid facts, I deem it

appropriate to dispose of this writ petition also in line with the

directions issued in the judgment referred above, making it WP(C) No.10301/2021

clear that the petitioner herein shall prefer application before

the SEIAA within a week from the date of receipt of a copy of

this judgment, for re-validation of the Environment Clearance

Certificate already issued to him in the past. The SEIAA shall,

on receipt of the said application, inform the petitioner of the

further documents/details if any required from him for

processing his application, within two weeks therefrom.

Thereafter, on receipt of the information called for, the SEIAA

shall consider that application and pass orders as directed by

this Court within four months from the date of receipt of the

information from the petitioner.

The writ petition is accordingly disposed of.

Sd/-

N. NAGARESH, JUDGE

aks/24.06.2021 WP(C) No.10301/2021

APPENDIX OF WP(C) 10301/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LETTER NO.DOZ/M-2279/14 ISSUED BY THE 3RD RESPONDENT DATED 4.4.2016.

EXHIBIT P2 TRUE COPY OF THE ORDER BEARING NO.735/2014-

15/131/M3/2015 DATED 22.1.2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE QUARRYING LEASE DATED 24.1.2015 OF THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.130/SEIAA/2437/2013 ISSUED BY THE IST RESPONDENT DATED 1.4.2014.

EXHIBIT P5 TRUE COPY OF THE CHAPTER-1 OF THE MINING PLAN WITH PROGRESSIVE MINE CLOSURE PLAN APPROVED BY THE 3RD RESPONDENT DATED 24.2.2020.

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